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    <title>2014 (1) TMI 580 - Supreme Court</title>
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    <description>Vicarious liability under Section 141 of the Negotiable Instruments Act arises only when the offence under Section 138 is committed by the company itself, and arraignment of that company as an accused is a necessary condition precedent for prosecuting its officers. Where the cheque was issued by a different legal entity and the accused were directors of another company with no connection to the drawer company, proceedings under Sections 138 and 141 could not be sustained. The prosecution against the appellants was therefore not maintainable and was quashed.</description>
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    <pubDate>Tue, 10 Dec 2013 00:00:00 +0530</pubDate>
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      <title>2014 (1) TMI 580 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=242359</link>
      <description>Vicarious liability under Section 141 of the Negotiable Instruments Act arises only when the offence under Section 138 is committed by the company itself, and arraignment of that company as an accused is a necessary condition precedent for prosecuting its officers. Where the cheque was issued by a different legal entity and the accused were directors of another company with no connection to the drawer company, proceedings under Sections 138 and 141 could not be sustained. The prosecution against the appellants was therefore not maintainable and was quashed.</description>
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      <pubDate>Tue, 10 Dec 2013 00:00:00 +0530</pubDate>
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